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<br /> -17- <br /> XVII. <br />A. Default by LESSEE. <br /> (1) If LESSEE fails to pay any rental or other monies due <br /> LESSOR hereunder, then 1n such event, upon LESSOR <br /> depositing in the u.s. Mail, certified, return receipt <br /> requested, written notice of cancellation of this Agreement <br /> to LESSEE addressed as set forth hereinbelow in Paragraph <br /> XXII specifying the nature of said default and upon <br /> LESSEE'S failure to cure or remedy such default within ten <br /> (10) days thereafter, then this Agreement shall, at the <br /> option of LESSOR, terminate and end on the date set <br /> forth in such notice of cancellation, and LESSEE shall quit <br /> and surrender the demised premises to LESSOR and LESSEE <br /> shall remain liable for any unpaid rentals and other <br /> monies to the date of termination and thereafter as <br /> provided by law. <br /> ( 2) If LESSEE fails to perform any of the terms and covenants <br /> required by this Agreement to be performed other than the <br /> payment of rentals or other monies due LESSOR, then in such <br /> event, upon LESSOR depositing in the U.S. r1a i l, certified, <br /> return receipt requested, written notice of cancellation of <br /> this Agreement to LESSEE addressed as set forth hereinbelow <br /> in Paragraph XXII specifying the nature of said <br /> default, and upon LESSEE's failure to cure or remedy such <br /> default within thirty ( 30) days thereafter, then this <br /> Agreement shall, at the option of LESSOR, terminate and <br /> end on the date set forth in such notice of cancellation, <br /> and LESSEE shall quit and surrender the demised premises <br /> to LESSOR and LESSEE shall remain liable for any damages, <br /> expenses, and costs, inclu9ing attorney's fees, incurred by <br /> LESSOR as a result of such default and termination. <br /> ( 3) If LESSEE fails to pay any rental or other monies due <br /> LESSOR hereunder or if LESSEE fails to perform any other of <br /> the terms and covenants required by this Agreement to be <br /> performed and LESSEE has, within the twelve (12) months <br /> immediately preceding such default, defaulted in the <br /> payment of any rental or other monies due LESSOR hereunder <br /> or 1n the performance of any other term or covenant <br /> required to be performed by this Agreement, for which <br /> LESSOR provided notice to LESSEE of same pursuant to <br /> Paragraphs XVI I ( A) or XVII(B) above and Paragraph XXII <br /> below, whether or not such default(s) were cured by <br /> LESSEE, then in such event this Agreement shall, at the <br /> option of LESSOR, immediately termina te and end on <br /> the date set forth in a notice of cancellation to <br /> LESSEE deposited in the u.S. Hail, certified, return <br /> receipt requested, addressed to LESSEE as provided <br /> hereinbelow in Paragraph XXII. <br /> ( 4) If LESSEE shall become a bankrupt, or insolvent, or file <br /> any debtor proceedings, or take or have taken against <br /> Lessee in any court pursuant to any statute either of the <br /> United States or of the State of Texas a petition in <br /> bankruptcy or insolvency or for reorganization or for the <br /> appointment of a receiver or trustee for all or a portion <br /> of Lessee's property, or if Lessee makes an assignment for <br /> the benefit of creditors, or petitions for or enters into <br /> an arrangement, or suffers this Agreement to be taken under <br /> a writ of execution or attachment or if this Agreement <br /> passes to or dissolves upon by law or otherwise to anyone <br /> other than LESSEE except as herein provided, the same shall <br /> constitute a default on the part of LESSEE and upon LESSOR <br /> depositing in the U.S. Mail, certified, return receipt <br /> requested, written notice of cancellation of this Agreement <br />